Family Law – Custody and Support
Child custody and child support disputes are highly emotional and stressful for both parties. Our child custody and child support family law attorneys can guide you through these complex and important issues. We understand family relationships are unique and personal, and we will work with you to achieve solid results. To provide you with some context, we believe you will find the following information helpful to review before speaking with one of our attorneys:
There are two types of child custody in every case: Legal Custody and Physical Custody
Child support is a tool governed by mathematical guidelines created by the Idaho Supreme Court (Idaho Rule of Family Law Procedure 126) to ensure parents are providing for the minor children’s physical needs. While they are guidelines, the courts in Idaho rarely deviate from this mathematical calculation. These guidelines can factor in many issues, such as custodial arrangements, the parties’ employable incomes, tax benefits for claiming minor children, insurance premiums. Apportionment of day care and health insurance costs are often dealt with in tandem with child support. Child support issues many times are much more complicated than they seem at first glance and revolve highly on the custodial arrangement of the children. Our family law attorneys help their clients navigate through these rules to ensure an accurate child support calculation.
Child custody and child support are modifiable upon a showing to the judge that a substantial and material change in circumstances has occurred to justify a change in custody and/or support. Grounds to modify might include, among other things, one or more of the following: a significant increase or decrease in wages, relocation to a different city, remarriage, the children becoming older, and domestic violence. Our family law attorneys can help you evaluate your facts against this modification standard.
Property and Debt Division in Non-Marital Settings
Where approximately 40% of children in the United States are now born to partners outside of marriage, it is common for questions to arise regarding the property in a non-marital setting. Idaho community property laws only apply to those who get married. Cohabitation can sometimes lead to very difficult property and debt issues and sometimes very favorable or very harsh results. Division of property and debt cases will often hinge on your ability to trace the source of funds used to acquire items of property or obtaining the contracts to verify who is contractually liable on certain debts. WE are happy to evaluate these issues with you.
**The information above is given in general guidance regarding principles of law in Idaho. The foregoing is not intended as legal advice in any particular matter. Because all cases are dynamic and deserve special planning, we encourage you contact the attorneys at our firm to answer questions regarding your specific case.**